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Tenants Have New Rights After Foreclosure

Produced by Massachusetts Law Reform Institute
Created October 2010

Foreclosure does not mean the bank can evict you

The Massachusetts Just Cause Eviction Law was passed in August 2010. It protects tenants in bank-owned foreclosed properties. In most cases, a bank cannot evict you or pressure you to leave unless it has “just cause.”

The new Just Cause Eviction Law says:

  • If you are a bona fide tenant you can stay in your building while the bank owns it, unless the bank has just cause to evict you;
  • The bank can evict you only if you violate standard tenancy rules, or if the bank has a signed contract to sell the property to another buyer;
  • The bank cannot pressure you into leaving or do anything else to force you out;
  • The bank must notify you that you have the right to a court hearing before eviction;
  • The bank must post and send you a notice telling you how to contact the bank and the person in charge of repairs and management of your building.

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